Defendant argued that his adjudications for stalking and harassment must be reversed because Minn. Stat. §§ 609.749, subd. 2(6), and .795, subd. 1(3), were unconstitutionally overbroad both facially and as applied. The Minnesota Court of Appeals held that the statutes were not unconstitutionally overbroad, either facially or as applied, in violation of the First Amendment to the U.S. Constitution or article I, section 3 of the Minnesota Constitution. Affirmed.
In re A.J.B., A17-1161, Scott County.
Commentary: terrible, terrible decision, in violation of the First Amendment and freedom of speech and freedom of expression. It was a post to a student's Twitter account. This needs to be appealed to the Minnesota Supreme Court, and the U.S. Supreme Court if necessary, and reversed.
Lynne Torgerson, Esq. was not attorney of record in this case.